GENERAL CONDITIONS FOR THE USE OF THE GUGGENHEIM-BILBAO.EUS WEBSITE

1. OBJECTIVE

Below are the "General Terms of Use" under which any user may use the pages (including the mere access thereof) of the Guggenheim Museum Bilbao Foundation ("GMBF" – FMGB in its Spanish initials) website located at dominio www.guggenheim-bilbao.eus y guggenheim-bilbao-corp.eus (“Guggenheim-Bilbao”), including the content and services made available for users on these pages. Guggenheim-Bilbao is a website wholly owned by the GMBF. Anyone who uses the Guggenheim-Bilbao website (“User”) agrees to all of the General Terms of Use in force at the time of accessing the website.

GMBF is a registered foundation with Tax ID Code number G-48832240, recorded in the Registry of Foundations of the Basque Country, entry number F-17. The contact details are as follows:

The contents and services offered by the GMBF to the User on the Guggenheim-Bilbao.es website (respectively, the "Contents" and the "Services") may also be governed by particular conditions (“Particular Conditions”), such as agreements included in forms completed and validated by the User; in the event of a conflict, the Particular Conditions shall prevail over of the General Terms of Use. Every time the User makes use of a particular Content or Service, he/she agrees to the pertinent Particular Conditions.

Evert time the user makes use of the Guggenheim-bilbao website he/she must carefully read the General Terms of Use and, where applicable, carefully read the Particular Conditions before using any specific Content or Service.

The GMBF reserves the right to change the presentation and configuration of the Guggenheim-bilbao website and to modify the present General Terms of Use or the corresponding Particular Conditions at any time without prior notice.

The set of terms and conditions which result from the General Terms of Use and the various Particular Conditions applicable to every User with regard to the Guggenheim-bilbao website shall be referred to as the “Contractual Relationship”.

2. USE OF THE GUGGENHEIM-BILBAO WEBSITE

2.1 Use

Except as otherwise stipulated in the Particular Conditions, the use of the Guggenheim-bilbao website is free, notwithstanding any connection fee charged by the telecommunications service provider.

The User acknowledges and voluntarily and expressly accepts that the use of the Guggenheim-bilbao website is made under his/her sole and exclusive responsibility at all times

The User undertakes to use Guggenheim-bilbao in a manner which does not cause damage to the image, interests or rights of the GMBF or any third party, or which may damage, render useless or overload the Guggenheim-bilbao, or which may in any way impede the normal use of the Guggenheim-bilbao website.

GMBF takes reasonably adequate security measures to detect the existence of viruses. However, the User must be aware that the existing security measures for computer systems on the Internet are not entirely reliable and that GMBF cannot guarantee the absence of viruses or any other harmful elements may cause alterations to the computer systems of the User (hardware and software) or to his/her electronic documents and files contained therein.

2.2 Contents

The Contents of Guggenheim-bilbao are made available to the User by GMBF using information taken from its own sources and resources provided by third parties.

The GMBF endeavours to ensure that the contents are of the highest possible quality and are reasonably updated. However, the GMBF does not guarantee the usefulness, accuracy, completeness or relevance of the Contents and/or whether such Contents are up to date.

These General Terms of Use do not assign any industrial or intellectual property rights over the Guggenheim-bilbao website or over any of the parts thereof. The User is therefore expressly prohibited to reproduce, transform, distribute, publicly communicate, make available, extract, reuse, resend or use in any way and by any means or procedure, any part of the website, except when lawful to do so or when authorization has been provided by the holder of the relevant rights.

Without prejudice to any other intellectual property rights, the graphic representation of the Guggenheim Museum Bilbao building is a registered trademark owned by the GMBF. It therefore has exclusive rights to the use, reproduction public communication or distribution, and to impede its use by unauthorized third parties. It is strictly forbidden to reproduce of any images of the Guggenheim Museum Bilbao in any format for any purpose without prior written consent from the GMBF.

The User may visualise and obtain temporary private copies of the Contents for exclusive and private use in his/her computer systems (hardware and software), provided that the intended purpose is not to develop any commercial or professional activities. The User may not obtain or attempt to obtain the Contents through any means or procedures other than those intentionally made available to him/her or indicated for that purpose, or which are normally used on the Internet (provided that the latter do not imply a risk of damage or uselessness for Guggenheim-bilbao). The User shall respect at all times all of the intellectual and industrial property rights existing over Guggenheim-bilbao, whether owned by the GMBF or by third parties. Unauthorized use of materials and information contained on this website may constitute a violation of intellectual or industrial propery rights and other applicable laws.

2.3.2 Informational uses by the media

The GMBF offers images of the building and/or the works of art to communication professionals duly registered with the Press Office. Such images are to be used strictly for informational purposes, as set out under article 35 of the Revised Intellectual Property Act.

Photographs of the building and/or works of art are provided for informational purposes only and may not be reproduced, published or distributed for any other purpose, except with prior written consent by GMBF.

The use of images of artworks is subject to the applicable law and, in particular, to the Revised Intellectual Property Act. The users of these images are responsible for obtaining the necessary permits and/or licenses and for paying any royalties or copyright fees to the legitimate owners or their representatives. All reproductions of images of works of art must be properly credited.

The photographs must be reproduced in whole. Superimposing images, letters, text and the like is prohibited. Any partial reproduction requires the written consent of the GMBF and/or of the copyright holder of the work of art.

The GMBF shall not be held responsible for losses or damages arising from the unlawful use of reproductions of works of art by unauthorized third parties or for the infringement of any other legal provision by such third parties.

2.4 Hyperlinks and Linked Websites

2.4.1 Hyperlinks

In order to include a hyperlink or a technical linking device (e.g. a link or a button) to Guggenheim-bilbao from their website (the ‘Hyperlink’), the User or any other natural or legal person must request written authorization from GMBF.

The establishment of the Hyperlink does not, under any circumstance, imply the existence of relations between the GMBF and the owner of the website or page on which the Hyperlink is established, or the acceptance or approval by the GMBF of its contents or services.

In any case, the GMBF reserves the right to prohibit or disable at any time any hyperlink to the Guggenheim-bilbao website, particularly in the event of illegal actions or lack of suitability of the activity or the contents in the website on which the hyperlink is included.

2.4.2 Linked Sites

Guggenheim-bilbao makes available to the User, solely for the search of, and access to, information, contents and services available on the Internet or through linking technical devices (for instance, links or buttons), allowing the User to access websites or Internet portals belonging to or managed by third parties (the “Linked Sites ”).

The GMBF does not offer or market, either directly or through third parties, the information, contents and services available in the Linked Websites, nor does it endorse, supervise or control in any way the contents, services or any material of any nature existing therein. The User is solely responsible for browsing the Linked Sites.

3. LIMITATION OF LIABILITY

Except where expressly stipulated in the present General Terms of Use or in the Particular Conditions, GMBF shall assume no liability for damages of any kind that may be due to lack of accuracy, completeness, timeliness, or to errors or omissions in any of the Contents or Services accessed through the Guggenheim-bilbao website. The GMBF is likewise under no obligation or commitment to verify or monitor its contents and information.

The GMBF does not guarantee the availability, continuous operation and error-free service of the Guggenheim-Bilbao.es website, and accordingly excludes, to the maximum extent permitted by applicable law, any liability for damages of any kind that may be due to lack of availability or continuous operation of Guggenheim-bilbao and the Services enabled on the website, as well as the errors in access to different websites or those from which said Services are provided.

The GMBF is exempt from any liability for damages of all kinds that may arise from the services provided by third parties through this website and for the media enabled thereby to manage applications for service and, including but not limited to: any act of unfair competition and unlawful advertising resulting from services provided by third parties through the Guggenheim-bilbao website; any lack of veracity, accuracy, completeness and/or timeliness of the content transmitted, distributed, stored, received, obtained, or made available through the services provided by third parties through the Guggenheim-bilbao website.

4. TERMS AND CONDITIONS FOR THE ONLINE STORE

To shop at the Guggenheim Museum Bilbao Bookshop/Gift Shop (the “Online Store”), you (the User) must first register and create a User Account.

The User must take the following information into account when using the Online Store.

4.1 Buying at the Online Store

Step 1. The items available in the online store are grouped into categories (including, but not limited to, Guggenheim Bilbao, T-shirts, Jewelry, Accessories, Décor, Stationery, Kids, Books, and Exhibitions). Every category includes subcategories for a more user-friendly layout.

By clicking on a subcategory, you can view the different items available. By clicking on an item, you will find detailed information about it.

Step 2. After selecting an item and, indicating color and size (if relevant) and quantity, you must click the “Add to cart” button. You will be re-directed to your Shopping Cart, showing the items selected. You can go back and “Continue shopping” or place your order (“Checkout” button).

If you decide to continue shopping, you can view your shopping cart at any time, clicking the button in the top menu bar and checking the status of your order whenever you want. In addition, a box at the top of the page shows the number of items in your cart at all times.

Step 3. After reviewing all the items in your cart, you can proceed to checkout. Go to the billing tab to fill in your billing and shipping information.

Step 4. You will then be asked to review the items in your cart and your shipping information. Registered Users can make changes at this stage. The Online Store only accepts credit card payments. After agreeing to the GMBF legal notice and privacy policy and clicking “Place order”, you will be transferred to a page asking you to enter payment details. A payment gateway from a bank is used for secure payment. The payment information you enter is stored in the GMBF database, even if your transaction is not completed.

The User will become the owner of the items purchased at the Online Store when the order is delivered at the address indicated on the purchase order.

Step 5. When the transaction is completed, an “Order confirmation” screen will display your order details. You can print it using the “Print” button. You will also receive an email with your order confirmation at the email address you entered on your purchase order.

Registered Users can view all their orders at any time, going to My Account.

If Users have any questions about the purchase process, they should contact the Online Store by any of the methods below:
- Phone: (+34) 94 403 91 37 (Monday to Friday during office hours)
- Fax: (+34) 94 435 90 55
- E-mail: tienda@guggenheim-bilbao.eus

Worldwide delivery
The Online Store makes an effort to provide the best possible service to Users and customers. To this end, shipping is available to any country in the world.

Shipment time from warehouse
The item(s) will leave the warehouse within 48 hours (unless out of stock). If the order is placed on a Friday, the items will be shipped out on the following Monday.

Delivery time
From the moment the order is consigned to the courier company, all efforts will be made to deliver the goods to the User as quickly as possible. However, the GMBF cannot provide a precise delivery date for any order since it will depend on the delivery conditions of the particular country.

4.2.2 Pricing

The prices of the products available through the Online Store and are displayed on the Guggenheim-bilbao website automatically include Value Added Tax (“VAT”). This tax is applicable only to Users residing in the European Union, and does not reflect delivery charges.

4.2.3 Delivery charges

Deliveries are performed by a private delivery company which determines the shipping costs. The final cost of delivery will be provided in the confirmation e-mail for the order and will be paid in its entirety by the User. The User is advised that the GMBF is not aware of or responsible for any other charges or taxes that are incurred as a result of international delivery.

4.2.4 Returns policy

Right to return goods
The User has 15 calendar days from the date of reception of the order to to desist from the contract. In such an event, the User is responsible for any additional delivery costs that may apply.

Pursuant to applicable law, the User may return items without being subject to any formalities, and any legally admissible form will be sufficient, provided that the items are returned within the period of time stipulated in the previous section.

The User's right to return products is not applicable for purchases on sound or video recordings, CDs, graphic, literary and/or periodical publications, or on computer programs that have been unsealed by the user, or computer files transmitted electronically, downloaded or immediately reproduced for permanent use.

Returns policy
If any item is supplied in error or faulty upon delivery, the User shall have 15 calendar days from the date of delivery to notify the GMBF. In this case, the item will be replaced. The may make use of the corresponding form or call (+34) 94 403 91 37.

The item in question shall be returned to the address provided in section 1 of the present General Terms of Use, to the attention of Online Shop / Returns.

The GMBF shall only reimburse the cost of the item when the error is made by the GMBF or if the item is faulty.

Cancellation of an order
Orders can be cancelled at no charge before they are shipped. To cancel an order, the User must fill in the contact form or call (+34) 94 403 91 37.

4.3 Acceptance of the General Terms of Use

The fulfilment and delivery of the order shall imply the full acceptance on the part of the User of all of the conditions established in the General Terms of Use and in the Particular Conditions.

5. COMMUNITY

Community is a space to make contacts and enjoy the Museum in a different way. Community members contribute to GMBF and get benefits in return, according to various categories:

Museum Members

At Guggenheim-bilbao, GMBF gives Users the chance to become Museum Members through various channels. Membership fees, in the form of a donation, can be paid through your bank account (entering a bank account number) or by credit card.

The financial information will be stored by GMBF for annual membership renewal. The User can access, change or cancel said information at any given time, in accordance with the GMBF Privacy Policy.

There is a special section for Museum Members in Guggenheim-bilbao with exclusive contents and services.

Followers

At Guggenheim-bilbao, Users can also become Museum Followers, filling in a registration form that gives access to special contents and benefits. To learn about the benefits of the Followers’ program, click here. There is a special section for Followers in Guggenheim-bilbao.

6. DATA PROTECTION

Some of the Contents and Services on the Guggenheim-bilbao website require Users to provide GMBF certain personal data (the “Personal Data”). Personal information shall be processed automatically for the purposes and under the terms in the GMBF Privacy Policy. The User must read and agree to said Privacy Policy upon entering personal information.

7. DURATION AND TERMINATION

The services provided by Guggenheim-bilbao are, in principle, indefinite. Nevertheless, the GMBF is authorized to terminate or suspend the Service or any part of the Service at any time without prior notice, subject to any contractual obligations with Users. The termination of the Service or part of the Service offered on the Guggenheim-bilbao website does not require prior notice by the GMBF, subject to any contractual obligations with Users, whenever it is reasonably possible.

8. ASSIGNMENT OF CONTRACT

The User may not assign the Contractual Relationship, totally or partially, or the rights or obligations arising therefrom without prior written authorization from the GMBF.

GMBF may assign the Contractual Relationship, totally or partially, and the rights or obligations arising therefrom to any third party of its choice without prior written authorisation from or communication to the User.

9. COMMUNICATIONS

All communication between the parties shall be made in writing by post, fax or e-mail. Communication to the GMBF shall be sent to the addresses indicated in these General Terms of Use and communications to the User shall be sent to the contact details provided. Postal communications must include acknowledgement of receipt, and telegram, fax or e-mail communications must be duly delivered and received. All communications sent to the addresses provided by the Users will be considered to be correctly sent, unless the User has previously notified the GMBF of an address change at least 15 calendar days in advance.

10. CHANGES IN CONTRACTUAL RELATIONSHIP

Users are aware that the GMBF can change the present General Terms of Use and Contractual Relationship at any time without being required to notify Users of such changes. Users should periodically read the General Terms of Use to know which version is applicable at any given time.

11. MISCELLANEOUS

The present General Terms of Use are the express manifestation of the intent of the parties and invalidate any verbal or written legal agreements previously reached by the User.

If any clause contained in the present General Terms of Use is declared null, the remaining clauses shall remain fully valid and effective, which will be interpreted and applied in such a way as to be as close as possible to the original meaning and intention of the ineffective clause.

The failure of either of the parties to require performance of any provision in the present General Terms of Use shall not affect the right to require such performance of the same or any other provision in the future. A delay or omission by the parties in exercising any of their rights according to the General Terms of Use does not constitute a renunciation of these rights.

12. APPLICABLE LAW AND JURISDICTION

The present General Terms of Use and the Contractual Relationship shall be governed by Spanish law.

Except in the case of consumers and users, who shall ge governed by the applicable law, the Users and GMBF expressly waive their right to any other jurisdiction, and submit to the judges and courts of the city of Bilbao, Spain, for any dispute regarding the validity, effectiveness, compliance, interpretation, execution of the General Terms of Use and the Contractual Relationship, or any other related matter.